i'm paul chambers. i'm at a place where you can beat the heat. i'll tell you where it is -- coming up. good afternoon. we begin this noontime with new

developments in the -- [ no audio ] -- scheduled to happen in 36 hours at san quentin. a judge has just denied a death row inmate's request to delay his execution. ktvu's kraig debro joins us with more on what this decision means with this case. >> reporter: good afternoon, tori. it was kind of confusing up in court. you had attorneys representing another death row inmate but they were also arguing on the behalf of brown. brown's attorneys are on the way to the state court of appeals to file another appeal. they already filed one appeal at the 9th court circuit of appeals. the attorneys are arguing for brown today. they are actually representing another death row inmate named sims. brown joined his argument after sims filed his. so over the weekend, albert brown was given a choice of what kind of execution he

wanted. one with one drug or one with three drugs. >> mr. brown doesn't have to -- he could have the one-drug lethal -- [ inaudible ] >> there's no authority for them to do that. >> reporter: barring last- minute appeals, alfred brown is scheduled to be executed at 12:00 a.m. wednesday porning. he was sentenced to death back in 1982 for the rape and murder of a riverside girl. according to the district attorney, brown pulled the girl in a drove and strangled her with his own shoelaces. and then brown tormented the girl's family during phone

calls saying to them they would never see their daughter again. today -- >> mr. brown cannot prove that he will suffer pain if he's executeed under the current regulations and has not demonstrated he's likely to prevail. the temporary restraining order is denyied. >> reporter: she agreed with the legal challenge that claimed the procedure for a three-drug cocktail aimed at killing the condemned but not clear, and that the recordkeeping was bad judge fogel actually rifted his own stay. he's allowing the executions it continue now because of a case in kentucky, that case, he says and the one in -- rather one in ohio and one in washington

state where they've been using one-drug combinations for the past year without reporting any problems. brown's attorneys are going to the state court ave peel. there's also an appeal before the 9th court. we'll have a lot more coverage later today on ktvu channel 2 news at 5:00. >> a lot more coverage. thank you, kraig. we'll don't to follow this story on all ktvu newscasts and you can get updates any time by going to our channel 2 website and clicking on the death row tab near the top of the page. today, the bay area is experiencing an early fall heatwave as an unseasonably cool summer, temperatures are soaring today, closing in on the century mark. steve paulson joins us with a look at what's causing the heatwave and the temperatures. >> it's a good thing we're not in downtown los angeles, because they are at 111.

at noon. 111. we are not that hot. temperatures in the 70s, 80s, 90s degrees. there's regardly any wind. napa, 80. that's at the airport. sew you know closer to the airport it's probably 90. the coast, 70s andcts -- and 80s. elevated fire danger today and the reason why we're so hot, watching the -- watch how this high builds in. everybody zooms up, like you're going up in an elevator. that's high pressure building in. so the entire state is in the warm-to-hot category. how long will this last? we'll talk about that, see if we have any record trends. >> thank you, steve. some may enjoy the heat but it's also causing concern over power failure, health problems. paul chambers is live with more. good afternoon, paul. >> reporter: good afternoon, tori. as the temperature rises and this is yet another spare the

air day, people are wanting to go indoors and finding cooling centers like the one here in walnut creek to beat the heat. the jewish community center and the senior club on civic drive are. the facility manager says his staff is prepared for people trying to get out of the heat, something that will be needed here in walnut creek where the temperatures are forecasted to be right around 100. >> as it starts to warm up, i think it's natural for people to gravitate toward the indoors, if nothing else, find a drinking fountain or soda machine or sit for a minute. >> reporter: today and members of -- and as long as we have these high temperatures, firefighters will be out looking for trouble.

dry air, a carelessness mistake could easily have a fire start. >> as people know, you can just hit a rock and that could cause a spark and that could cause a fire. >> reporter: now, pg&e put out these recommendations after 33,000 of its customers lost power in castro valley and in hayward. pg&e's suggests keeping windows and blinds closed in the morning to save cool. turn off lights and appliances when they are not being used and reset air conditioning to around 83 degrees when out of the house and around 75 when you are back at home. now, back here live in walnut creek, both facilities say they will be open until at least 4:00 to accommodate those who need to beat the heat. live in walnut creek, i'm paul chambers, ktvu channel 2 news. >> thank you, paul. pg&e has reported leaks in

gas pipelines at a much higher rate than the nation's other pipeline operators. that's according to documents obtained by the "los angeles times." those records show pg&e has reported 38 leaks near population centers or environmentally sensitive areas since 2004. that's more than six times the average leak rate for the nation's six other pipeline operators. this morning, congresswoman jackie speier rushed to the san bruno disaster area to unveil her proposal that would state that pipelines running under certain areas would be required to have shutoff valves and this would force all pipeline operators to contact all residents living within the area. >> are the lines too old? are they safe? people want to know if they are

living anywhere near one of these transmission lines and i believe they have a right to know. >> representative speier will introduce the pipeline safety and community empowerment act tomorrow in washington, d.c. oakland police are searching for the gunman who shot and wounded two people last night. it happened near 102nd avenue and pippin. investigators say the man fired several shots at the two victim, then ran away. both shooting victims are expected to survive. we may hear details of the state budget deal worked out by governor schwarzenegger and legislative leaders. the big 5 stayed quiet over the weekend about the negotiations but last thursday they said they had reached a tentative agreement. the group has been meeting in the governor's southern california office. they said they would be back in sacramento today to unveil details. this morning, president obama signed legislation that aims to create jobs and expand loan programs to small

businesses. the president signed the $32 billion small business jobs act in the east room of the white house. $30billion will be channeled into a lending fund for community banks and the small business administration. the bill also provides another $12 billion in tax cuts to small businesses over the next year. some military officers with high credentials say they have hope that missions are being conducted over u.s. nuclear facilities. it's a rough day for some muni riders. some service may be disrupted into the afternoon. as we reported, it's another really hot day around the day. steve paulson will have more coming up. >> reporter: the city wants to eliminate toys in kids' meals. but is that the best way to get kids to eat healthy? that story -- coming up.

service on the san francisco muni metro system is being delayed this noontime by a mechanical problem. muni says the signal came is down between the civic center and montgomery stations. it's forcing outbound llvs to run in manual mode. that's causing them to run slower and be more crowded. it's expected to take at least a couple more hours to repair the cable. muni is offering shuttle bus

service to relieve some of the congestion untille the problem is fixed. a group of uc berkeley students is marching this noontime to demand governor schwarzenegger not veto the california dream act. these are live pictures from newschopper2. the group started gathering at the plaza around 11:45. they plan to march to the state building on clay street in downtown oakland. the california dream act would grant the right of undocumented students in california the right to state financial aid. the bill is sitting on governor schwarzenegger's desk right now awaiting his signature. this morning, president obama outlined had his ideas for improving public education in the u.s. that would include a longer school year. in a tv interview, the president did not say exactly how much longer the school year should be but he did say that u.s. students attend classes on average about a month less than students in most other advanced countries.

he also says that many students are losing a lot of what they learn during the long summer break. research shows that disadvantaged kids are often three grade levels behind their peers by the end of 8th grade. today a $1 million gift is being given to san francisco's schools by the bill and melinda gates foundation. more money will follow in the next two years. the money will help pay for peoples to prepare students for college, encourage them to get their degrees. san francisco is one of four cities in the country to receive the money. >> the gates' foundation is handing out the grants to cities that have strong cop ration throughout public schools and with colleges. a few san francisco supervisors want to ban toys in toy meals but will doing so help fight childhood obesity? jade hernandez has discovered the opposition both inside and outside of city hall. >> reporter: a strawberry

shortcake doll, these toys are a sweet deal for little ones. but it pushed this san francisco supervisor -- >> why is the city so afraid of this measly ordinance? because it cuts into their billions of dollars of profits from the disney, to the other characters. >> reporter: santa clara has already adopted a similar law which only covers unincorporated parts of the county and aonly -- and only affects four businesses. this man owns 19 of the mcdonald's in san francisco. >> it's about a choice. parents can have apple dippers instead of french fries. instead of a coke, they can replace that with a milk or

juice. >> reporter: opposition is also coming from inside city hall. mayor gavin newsom says eliminating a toy like this one isn't necessarily the best way to get kids to eat healthier. >> i don't really think most parents are going to make that the major determining factor. i don't see it as much of an issue. and i think it would be better if the cities didn't weigh in on it. >> reporter: a public hearing will be held here at city hall this afternoon. jade hernandez, ktvu channel 2 news. they are still figuring out how much trash was picked up saturday during the coastal cleanup day. more than 73,000 volunteers headed to beaches, lakes and rivers to take part. reports now in from 70% of the cleanup sites say volunteers picked up more than 8 41 tons of litter. in richmond, volunteers collected 3700 pounds of trash from the water's edge. but the strangest discovery reported anywhere in the state was in yolo county. that's where one volunteer

found a dead cow in a bag. steve's finding some tang temperatures right now, especially -- strange temperatures right now, especially in southern california. >> no kidding, tori. they had one of the coolest summers in the decade and the noon observation for today, downtown l.a. says 111, usc is 106 and long beach is 108. they go from cool to all-time record highs. for us we're in the 80s and a few ninth -- 90s. san francisco, not bad. near record highs are definitely possible today especially down san jose and you can sigh why this is just a -- see why this is just a monster high-pressure system. it's still strong. record highs will be close. forecast high is 84. we're close to that already. but average is 72. so they are way above that. 92 is the record, 198 for them.

oakland, 92, 95. santa rosa, 100. their record, 1963. mountain view, the forecasted high, 92. their record is right there the same for san jose, all they have to do is hit 98. our forecast is 99. 70s have given way to 80s and 90s. livermore and concord are 91. san diego was 92. then they picked up a sea breeds and went down to -- sea breeze and went down to 83. there's some really toasty readings down there. you can see that's the biggest high-pressure system we've seen in a long, long time. it's here today and tomorrow and it looks like it's transitory, wants to head back to the middle of the country. and they can have it. sunday was cooler by the coast. we actually had some fog but 70s by the beaches and 80s.

for everyone else, record heat, concord 100, livermore 102. san jose, 99. 70s and 80s as you head to the west. about the same i think tomorrow. the fog will be back, especially for the coast. we start the cooling trend wednesday and everybody gets in on it thursday and friday. that 101 in l.a., that could be an all-time record high. just haven't dug deep enough. >> they are used to hot weather. but this is really hot. >> it's hotter than palm springs. >> yes. publisher simon husbander has just announced that jaycee dugard is writing her memoir due out next year. she's been living in seclusion with her mother and two daughters now. she will right about her captivity when she was kidnapped and she will also talk about what her life is now. convicted sex offender phillip garrido and his wife, nancy are

accused of holding dugard can'ttive until -- captive until she was 11. there's a new report of the two navy helicopters who dipped their helicopters into the lake of lake tahoe. there were report the two pilots were conducting unauthorized stunts but now the pentagon is reporting they may have had a legitimate region for their action, saying it's possible they were troubleshooting. some former air force officers are breaking their silence today on what they say is disturbing evidence related to unidentified flying objects. they offered their stories at the national press club, one after the other, about ufos hovering over nuclear missiles and disabling them. >> it looked like an eye. it was bright red with a dark center. it appeared to be winking.

it was shedding something like metal, dripping off of it. it silently moved away from the trees it bobbed up and down and at one point it approached us. we tried to get closer. it recreeded out into the field and then gone! >> they say the incidents date back decades. they say there's no way of knowing of what any visiting alee uns want -- aliens want but they say they are a national security concern. they are releasing declassified information that reportedly backs up their claims. we'll have more on this at 5:00 on the ktvu channel 2 news. still ahead -- after the third loss of the season, the san francisco 49ers made a major personnel change today.

not much movement on wall street. stocks, taking a pause from their big september rally as worries about the financial sector offset excitement about a fresh round of corporate deal making the dow is down 4.5. southwest airlines announced a big deal, a $1.4 billion deal to expand into several new markets. southwest is buying airtran, which mostly serves the east coast. southwest executives say the deal gives the airline more access to major markets,

including new york city and boston, as well as airports where it does not operate now. a leading highway safety group won't campaign -- won't join the campaign for a total ban on cell phone use while driving. the governor's highway safety association was considering calling for a ban on all cell phone use while on the highway. that would include hands-free cell phones. members were alarmed by a major new study showing fatal accidents the type of cell phone accidents have caused. but the group doubts a total ban could be effectively enforced. after a dismal start to the regular season, the san francisco 49ers this morning fired the team's offensive coordinator, jimmy ray. the decision followed san francisco's 31-10 loss to the kansas city chiefs yesterday. mike johnson will move from quarterback coach to offensive coordinator. the 9ers were considered a favorite in the season but they've lost their first three games. tonight at 5:00, the new

digging that's going out in san bruno where pg&e is looking at and what. plus a new field cool of ktvu shows what -- poll of ktvu shows what california thinks about governor schwarzenegger. that and more coming up on our next newscast, the ktvu channel 2 news at 5:00. thanks for watching. have a great day.

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